V.I. Code Ann. tit. 23, §1121, et seq. (2002), "Virgin Islands Territorial Emergency
Management Act"
§ 1121. Short title
This chapter shall be cited as the "Virgin Islands Territorial Emergency Management Act".
(Added July 25, 1973, No. 3466, § 4, Sess. L. 1973, p. 220; amended June 1, 1984, No. 4952, § 1(a),
Sess. L. 1984, p. 154; Dec. 29, 1986, No. 5233, § 1, Sess. L. 1986, p. 403.)
§ 1122. Purposes
The purposes of this chapter are to:
1. Reduce vulnerability of the people and communities of this Territory to damage, injury, and loss of life
and property resulting from natural or man-made catastrophes, riots, or hostile military or paramilitary
action.
2. Clarify and strengthen the roles of the Governor and territorial agencies in prevention of, preparation
for, response to and recovery from emergencies or major disasters.
3. Prepare for prompt and efficient rescue, care and treatment of persons victimized or threatened by
emergencies or major disasters.
4. Provide a setting conducive to the rapid and orderly start of restoration and rehabilitation of persons
and property affected by emergencies or major disasters.
5. Authorize and provide for cooperation in the prevention of, preparation for, response to, and recovery
from emergencies and major disasters, including the coordination of such activities with those of other
jurisdictions.
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6. Provide an emergency and major disaster management system.
7. Assist in prevention of emergencies or major disasters caused or aggravated by inadequate planning
for and regulation of public and private facilities and land use.
(Added July 25, 1973, No. 3466, § 4, Sess. L. 1973, p. 221; amended June 1, 1984, No. 4952, § 1(b), (c),
Sess. L. 1984, p. 154.)
§ 1123. Limitations
Nothing in this chapter shall be construed to:
1. Interfere with dissemination of news or comment on public affairs; but any communications facility or
organization (including but not limited to radio and television stations, wire services, and newspapers)
may be required to transmit or print public service messages furnishing information or instructions in
connection with an emergency or major disaster.
2. Affect the jurisdiction or responsibilities of police forces, fire fighting forces, units of the armed forces
of the United States, or of any personnel thereof, when on active duty; but territorial and jurisdictional
emergency or major disaster plans shall rely upon such forces as may be available for performance of
functions related to emergencies or major disasters.
3. Limit, modify, or abridge the authority of the Governor to proclaim martial law or exercise any other
powers vested in him under the constitution, revised organic law, statutes, or common law of this
Territory independent of, or in conjunction with, any provisions of this chapter.
4. Transcend the authority or jurisdiction of the Federal Government.
(Added July 25, 1973, No. 3466, § 4, Sess. L. 1973, p. 221; amended June 1, 1984, No. 4952, § 1(a),
Sess. L. 1984, p. 154.)
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§ 1124. Definitions
(a) Except as provided in subsection (b), as used in this chapter:
(1) "Emergency" means the imminent threat or occurrence of any hurricane, tornado, storm, flood, high
water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide,
drought, fire, explosion, or other emergency in any part of the Territory which, in the determination of the
Governor or the Adjutant General requires an integrated and coordinated emergency response from
various Territorial Government agencies to save lives and protect public property, public health and
safety or to avert or lessen the threat of a major disaster, which may require an emergency declaration by
the President or other Federal assistance, but does not cause damage of such severity and magnitude that
the Governor requests major disaster assistance from the President pursuant to the Disaster Act.
(2) "Major disaster" means the imminent threat or occurrence of any hurricane, tornado, storm, flood,
high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide,
drought, fire, explosion, or other catastrophe in any part of the Territory which, in the determination of
the Governor or the Adjutant General requires a coordinated emergency response from various Territorial
Government agencies and which causes damage of sufficient severity and magnitude for the Governor to
request major disaster assistance from the President pursuant to the Disaster Act, to supplement the efforts
and available resources of the Territorial Government and disaster relief organizations in alleviating the
damage, loss, hardship, or suffering caused thereby.
(3) "State of emergency" means a public declaration by the Governor to mitigate, prepare for, respond to,
or recover from an emergency or major disaster. Such public declaration shall be in the form of an
executive order or proclamation pursuant to section 1125 of this chapter.
(4) "Director" means the Director of VITEMA.
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(5) "VITEMA" means the Virgin Islands Territorial Emergency Management Agency.
(6) "Plan" means the Virgin Islands Territorial Emergency Management Plan (VITEMP).
(7) "Disaster Act" means the Disaster Relief Act of 1974 (P.L. 93-288), as amended or any successor act.
(8) "Adjutant General" means the Adjutant General of the Virgin Islands National Guard.
(9) "FEMA" refers to the Federal Emergency Management Agency.
(10) "VITEMA Council" refers to the Council established under section 1126a of this chapter.
(b) When the terms "emergency" or "major disaster" are used in this chapter in the context of a
declaration or determination by the President, pursuant to the Disaster Act that such conditions do exist or
that assistance for such conditions is required, then such terms, with respect to such declaration or
determination only, shall not have the meanings set forth in subsection (a) of this section, but rather shall
have the meanings set forth in the Disaster Act and the rules and regulations promulgated thereunder.
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(Added July 25, 1973, No. 3466, § 4, Sess. L. 1973, p. 222; amended June 1, 1984, No. 4952, § 1(d),
Sess. L. 1984, p. 155; Dec. 29, 1986, No. 5233, § 1, Sess. L. 1986, p. 403.)
§ 1125. The Governor and emergencies or major disasters; Adjutant General's duties
(a) The Governor is responsible for meeting the dangers to the Territory and people presented by
emergencies or major disasters.
(b) The Adjutant General shall act as the principal assistant and advisor to the Governor with respect to
emergency management and disaster preparedness planning for the Territory, and in this capacity shall act
on behalf of the Governor, as required, in coordinating and directing governmental and nongovernmental
emergency service agencies. Every officer and organization of the Territory normally having emergency
service functions, or otherwise assigned such functions by or under the authority of the Governor, shall
perform such functions subject to the coordination and direction of the Adjutant General. The Adjutant
General shall take such actions and promulgate such measures consonant with federal and territorial law
or policy as may be necessary to carry out the functions assigned to him by law or by direction of the
Governor. The Adjutant General shall resolve interagency issues relating to emergencies or emergency
management and shall utilize VITEMA as the single territorial agency responsible to the Governor for
administrative supervision of emergency management activities. He shall render periodic reports of those
activities to the Office of the Governor.
(c) A state of emergency on account of an emergency or major disaster may be declared by Executive
Order or Proclamation of the Governor if he finds that an emergency or major disaster has occurred or
that the occurrence thereof is imminent. The state of emergency shall continue until the Governor finds
that the threat or danger has passed or that the response and recovery has progressed to the point that a
state of emergency no longer exists, whereupon he shall terminate the state of emergency by Executive
Order or Proclamation. No state of emergency may continue for longer than 30 days unless renewed by
the Governor. All Executive Order or Proclamations issued under this subsection shall indicate the nature
of the emergency or major disaster, the area or areas threatened, the conditions which have brought it
about or which make possible termination of the state of emergency. An Executive Order or
Proclamation shall be disseminated promptly by means calculated to bring its contents to the attention of
the general public and shall be filed promptly with VITEMA.
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(d) An Executive Order or Proclamation of a state of emergency may activate the disaster preparation,
response and recovery aspects of the territorial and interjurisdictional emergency and major disaster plans
applicable to the area in question and, if they are so activated, the Executive Order or Proclamation shall
also authorize the deployment and use of any forces to which the plan or plans apply and the use or
distribution of any supplies, equipment, materials, and facilities assembled, stockpiled, or arranged to be
made available pursuant to this chapter or any other provision of law relating to emergencies or major
disasters. The Governor may, by Executive Order, also authorize alternative means for activating the
Plan.
(e) During any state of emergency or major disaster the Governor shall be commander-in-chief of the
Police Auxiliary and of all other forces available for emergency duty. To the greatest extent practicable,
the Governor shall delegate or assign command authority by prior arrangement embodied in appropriate
Executive Orders or regulations, but nothing herein restricts his authority to assign or reassign authority
by orders issued at the time of the emergency or major disaster.
(f) In addition to any other powers conferred upon the Governor by law during any state of emergency,
he may for the purpose of coping with the emergency, do any of the following:
1. Suspend the provisions of any statute prescribing the procedures for conduct of territorial business, or
the orders, rules, or regulations of any territorial agency.
2. Utilize all available resources of the Territory.
3. Transfer the direction, personnel, or functions of territorial departments and agencies or units thereof.
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4. Subject to any application requirements for compensation under section 1130 of this title, commandeer
or utilize any private property.
5. Direct and compel the evacuation of all or part of the population from any stricken or threatened area
within the Territory.
6. Prescribe routes, modes of transportation and destinations in connection with evacuation.
7. Control ingress and egress to and from an affected area, the movement of persons within the area and
the occupancy of premises, including barges, boats, ships and other watercraft therein.
8. Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives,
and combustibles, or any other materials deemed to be critical for the health and safety of the people of
the Territory of the Virgin Islands.
9. Make provision for the availability and use of temporary emergency housing.
10. Take action necessary to freeze and maintain costs of goods and services to the public at a price level
existing immediately prior to the Governor's Proclamation of a state of emergency. Such price freeze shall
include, but not be limited to, food items, water, beverages, health and medical care products, rents,
construction, and reconstruction goods and services, clothing, furnishings, and such other goods and
services.
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11. Take any other action he deems necessary.
(Added July 25, 1973, No. 3466, § 4, Sess. L. 1973, p. 222; amended Nov. 11, 1974, No. 3630, Sess. L.
1974, p. 246; June 1, 1984, No. 4952, § 1(a), (e)(1)-(4), Sess. L. 1984, pp. 154, 156; Dec. 29, 1986, No.
5233, § 1, Sess. L. 1986, p. 404; Nov. 9, 1995, No. 6086, § 33A, Sess. L. 1995, p. 228.)
§ 1125a. Penalty
Any person, business, agency, partnership, joint venture or corporation that violates Title 23, section
1125, subsection (f)(10) shall be fined not less than $1,000.00 for each violation or in the case of the
owner or principal of a business, agency, partnership, joint venture or corporation may also be imprisoned
for not less than one (1) year.
(Added Nov. 9, 1995, No. 6086, § 33B, Sess. L. 1995, p. 229.)
§ 1126. Creation of the Virgin Islands Territorial Emergency Management Agency; duties; Director
(a) The Virgin Islands Territorial Emergency Management Agency (VITEMA), established under the
Office of the Governor by Title 3, section 23 of this Code, shall be headed and administered by a Director
appointed by the Governor in consultation with the Adjutant General. The Director and other employees
of VITEMA shall receive such salaries as are fixed by law.
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(b) VITEMA shall have one Director and three deputy directors of operations. Each deputy director shall
be assigned to an island, and shall coordinate emergency and disaster preparedness planning activities
with Emergency Service Coordinators.
(c) The Adjutant General shall be the executive head of VITEMA and shall be responsible for
coordinating the entire emergency management program for the Territory and may delegate such duties to
the Director. The Adjutant General shall maintain liaison with civil defense agencies and organizations of
states and of the federal government.
(d) VITEMA, under the direction of the Adjutant General, shall prepare and maintain a Virgin Islands
Territorial Emergency Management Plan, which shall consist of one Territorial Administrative Plan and
an Emergency Operations Plan for each island. The plans shall provide for:
1. prevention and minimization of injury and damage caused by an emergency or major disaster;
2. prompt and effective response to an emergency or major disaster;
3. emergency relief; identification of areas particularly vulnerable to an emergency or major disaster;
4. recommendations relating to zoning, building, and other land-use controls, safety measures for
securing mobile homes or other nonpermanent or semipermanent structures, including watercraft, and
other preventive and preparedness measures designed to eliminate or reduce the impact of an emergency
or major disaster;
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5. coordination with local officials in designing local action plans;
6. authorization and procedures for the construction of temporary works designed to protect against or
mitigate danger, damage, or loss from flood, conflagration, or other emergency or major disaster;
7. preparation and distribution to the appropriate territorial and local officials of catalogs of federal,
territorial and private assistance programs;
8. organization of manpower and claims of command;
9. coordination of federal, territorial, private and local emergency activities;
10. coordination of the Plan with the Federal Disaster Assistance Program, FEMA, other jurisdictions
and private industry;
11. establishing administrative procedures for enforcing compliance with FEMA standards to achieve the
objectives of emergency management planning;
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12. establishing emergency management programs which address all hazards to which the Virgin Islands
community is particularly vulnerable and providing specific technical information concerning the use of
equipment and special methods by which such hazards may be addressed;
13. special provisions for assisting handicapped or disabled persons during an emergency; and
14. a detailed listing of specific tasks to be performed by specific territorial agencies during emergency
operations.
(e) In preparing and maintaining the Plan, VITEMA shall seek the advice and assistance of FEMA, other
federal agencies, volunteer organizations and other disaster preparedness agencies and other community
leaders.
(f) The Plan or any part thereof and a listing of the resources to be utilized in implementing the Plan may
be incorporated in regulations of VITEMA. The VITEMA Council shall promulgate rules and
regulations necessary to carry out the purposes of this chapter.
(g) The Adjutant General shall:
1. determine requirements of the Territory for food, clothing, and other items necessary to recover from
an emergency or major disaster;
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2. procure and preposition supplies, medicine, materials, and equipment when warned of an impending
emergency or disaster;
3. periodically review and make suggestions to the VITEMA Council for revision of the Plan;
4. provide and maintain three (3) mobile emergency operations centers;
5. establish and operate training programs for VITEMA staff and the Emergency Service Coordinators;
6. make surveys of industries, resources, and facilities within the Territory, both public and private,
which may be useful in carrying out the purpose of this chapter;
7. plan and make arrangements for the availability and use of any private or public, industrial or
nonindustrial, facilities to carry out the objectives of the Plan;
8. coordinate the use of private and public services and property either gratis or for payment as resources
to carry out the objectives of the Plan;
9. coordinate the availability of persons in the private and public sectors who have skills and training
useful for hazard mitigation, disaster preparedness, and disaster recovery operations;
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10. establish a register of construction equipment and temporary housing available for use in an
emergency or major disaster;
11. prepare or cause to be prepared, for issuance or approval by the Governor, all Executive Orders,
Proclamations, and regulations necessary or appropriate in coping with an emergency or major disaster;
12. establish a Civil Defense Volunteer Corps as an auxiliary unit of VITEMA to perform such duties as
may be assigned by the Adjutant General;
13. establish compliance with FEMA and cooperate with any public or private agency or entity that may
assist VITEMA in implementing the Plan;
14. coordinate the activities of the VITEMA Council;
15. establish public awareness programs utilizing various media; and
16. do other things necessary, incidental, or appropriate for implementation of this chapter.
(Added July 25, 1973, No. 3466, § 4, Sess. L. 1973, p. 224; amended Nov. 11, 1974, No. 3630, Sess. L.
1974, p. 246; Oct. 26, 1977, No. 4048, Sess. L. 1977, p. 243; June 1, 1984, No. 4952, § 1(f)(1)-(6), Sess.
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L. 1984, p. 157; Dec. 29, 1986, No. 5233, § 1, Sess. L. 1986, p. 406; Sept. 11, 1992, No. 5807, § 3, Sess.
L. 1992, p. 115.)
§ 1126a. VITEMA Council
(a) There is established the VITEMA Council composed of the following persons:
(1) the Adjutant General, who shall serve as Chairman;
(2) each Commissioner of a department of the executive branch of the Government of the Virgin Islands
or his designee including the Attorney General of the Department of Law;
(3) the Director of the Budget;
(4) the Director of the Bureau of Internal Revenue;
(5) the Federal Programs Coordinator;
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(6) the Director of the VI Energy Office;
(7) a member of the Board of Directors of the Virgin Islands Water and Power Authority as designated
by the Board;
(8) a member of the Board of Directors of the Virgin Islands Port Authority as designated by the Board;
(9) a member of the Planning Board as designated by the Board;
(10) the Director of the Virgin Islands Fire Service;
(11) the President of the Virgin Islands Telephone Corporation;
(12) the Presidents of the St. Thomas/St. John and the St. Croix Boards of Realtors;
(13) the Executive Directors of the St. Thomas/St. John and St. Croix Chambers of Commerce;
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(14) the chief executive officers of transportation companies providing public transportation by bus or
boat in the Virgin Islands; and
(15) the President of the Central Labor Council of the Virgin Islands.
(b) Each member of the VITEMA Council shall attend all council meetings. However, if a council
member is unable to attend a meeting called by the Chairman, he shall designate a person to attend.
(c) The VITEMA Council shall:
(1) Plan for and coordinate the Federal Disaster Assistance Program pursuant to Public Law 93-288
under the auspices of the Federal Emergency Management Agency;
(2) Assist the Territorial Coordinating Officer in responding to the Federal Coordinating Officer in the
event the President approves a request from the Governor for an emergency declaration or major disaster
declaration;
(3) Assist the Governor's Authorized Representative to evaluate and recommend the Territorial request
for individual or public assistance funding; and
(4) Provide goals and objectives to the Director of VITEMA for implementing the Territorial Emergency
Management Program and establish an Emergency Management Steering Committee on each island.
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(d) Each Commissioner of a department of the Government of the Virgin Islands including the Attorney
General of the Department of Law, the Director of the Virgin Islands Fire Services, the Board of
Directors of the Virgin Islands Water and Power Authority, and the Board of Directors of the Virgin
Islands Port Authority shall designate an Emergency Services Coordinator for the department, agency or
independent instrumentality and notify the Adjutant General of the person's name and telephone number.
The person so designated shall be responsible to coordinate his department's, agency's or independent
instrumentality's resources as required by the Plan. Each Commissioner shall give written authority to the
coordinator enabling the coordinator to obtain and provide the support specified in the Plan.
(Added Dec. 29, 1986, No. 5233, § 2, Sess. L. 1986, p. 411.)
§ 1127. Financing
(a) It is the intent of the Legislature and declared to be the policy of the Territory that funds to meet
emergencies or major disasters shall always be available.
(b) A Disaster Contingency Fund is established in the Treasury of the Virgin Islands which shall receive
monies appropriated thereto by the Legislature and any Federal grants or loans made available to the
Virgin Islands in the event of major disaster or emergency for the purpose of repairing, replacing,
constructing, or reconstructing public buildings, public roads, or other public works and for the purpose
of repairing or replacing publicly-owned personal property damaged by such major disaster or
emergency, pursuant to the Disaster Relief Act of 1974 (P.L. 93-288), any amendment thereto, or
successor Act.
(c) It is the legislative intent that for the purposes stated above the first recourse shall be to funds
regularly appropriated to territorial agencies. If the Governor finds that the demands placed upon these
funds in coping with the particular emergency or major disaster are unreasonably great, he may make
funds available from the Disaster Contingency Fund. If monies available from the Fund are insufficient,
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and if the Governor finds that other sources of money to cope with the emergency or major disaster are
not available or are insufficient, the Governor may transfer and expend monies borrowed for a term not to
exceed two years from the Federal Government or other public or private sources.
(d) Notwithstanding any other provision of law to the contrary, the Governor is authorized to expend
from any monies in the Disaster Contingency Fund such sums as he deems necessary to meet the
expenses of public agencies directly associated with an emergency or major disaster and to obligate for
expenditure anticipated appropriations, not to exceed $100,000, to meet such expenses for such
emergency or major disaster. Prior to exercising any authority under this subsection, the Governor shall
notify the Legislature of his intention to expend monies or obligate anticipated appropriations. The
Governor shall not exercise any authority under this subsection until and unless he has declared in writing
the nature of the emergency or major disaster. Within 30 days after exercising any authority under this
subsection, the Governor shall notify the Legislature in writing of all expenses and obligations of
anticipated appropriations made pursuant to this subsection.
(e) Nothing contained in this section shall be construed to limit the Governor's authority to apply for,
administer and expend grants, gifts, or payments in aid of the prevention of, preparation for, response to,
or recovery from emergencies and major disasters.
(Added July 25, 1973, No. 3466, § 4, Sess. L. 1973, p. 226; amended Oct. 11, 1979, No. 4369, § 2, Sess.
L. 1979, p. 218; June 1, 1984, No. 4952, § 1(g)(1)-(4), Sess. L. 1984, p. 157.)
§ 1128. Intergovernmental arrangements
For the purpose of coping with civil defense and emergencies or major disasters, this Territory enacts
into law and enters into the Interstate Civil Defense and Disaster Compact with all States, as defined
therein, including the Commonwealth of Puerto Rico, which States have enacted or shall hereafter enact
the compact in the form substantially as follows:
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ARTICLE 1. The purpose of this compact is to provide mutual aid among the States in meeting any
emergency or major disaster from enemy attack or other cause (natural or otherwise) including sabotage
and subversive acts and direct attacks by bombs, shellfire, and atomic, radiological, chemical,
bacteriological means, and other weapons. The prompt, full and effective utilization of the resources of
the respective States, including such resources as may be available from the United States Government or
any other source, are essential to the safety, care, and welfare of the people thereof in the event of enemy
action or other emergency or major disasters, and any other resources, including personnel, equipment, or
supplies, shall be incorporated into a plan or plans of mutual aid to be developed among the Civil Defense
agencies or similar bodies of the States that are parties hereto. The Directors of Civil Defense of all party
States shall constitute a committee to formulate plans to take all necessary steps for the implementation of
this compact.
ARTICLE 2. It shall be the duty of each party State to formulate civil defense plans and programs for
application within such State. There shall be frequent consultation between the representatives of the
States and with the United States Government and the free exchange of information and plans, including
inventories of any materials and equipment available for civil defense. In carrying out such civil defense
plans and programs the party States shall so far as possible provide and follow uniform standards,
practices and rules and regulations including:
(a) Insignia, arm bands and any other distinctive articles to designate and distinguish the different civil
defense services;
(b) Blackouts and practice blackouts, air-raid drills, mobilization of civil defense forces and other tests
and exercise;
(c) Warnings and signals for drills and attacks and the mechanical devices to be used in connection
therewith;
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(d) The effective screening or extinguishing of all lights and lighting devices and appliances;
(e) Shutting off water mains, gas mains, electric power connections and the suspension of all other utility
services;
(f) All materials or equipment used or to be used for civil defense purposes in order to assure that such
materials and equipment will be easily and freely interchangeable when used in or by any other party
State;
(g) The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular
traffic, prior, during and subsequent to drills or attacks;
(h) The safety or public meetings or gatherings; and
(i) Mobile support units.
ARTICLE 3. Any party State requested to render mutual aid shall take such action as is necessary to
provide and make available the resources covered by this compact in accordance with the terms hereof;
provided that it is understood that the State rendering aid may withhold resources to the extent necessary
to provide reasonable protection for such State. Each party State shall extend to the civil defense forces of
any other party States, while operating within its State limits under the terms and conditions of this
compact, the same powers (except that of arrest unless specifically authorized by the receiving State),
duties, rights, privileges and immunities as if they were performing their duties in the State in which
normally employed or rendering services. Civil defense forces will continue under the command and
control of their regular leaders but the organizational units will come under the operational control of the
civil defense authorities of the State receiving assistance.
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ARTICLE 4. Whenever any person holds a license, certificate, or other permit issued by any State
evidencing the meeting of qualifications for professional, mechanical or other skills, such person may
render aid involving such skill in any party State to meet an emergency or major disaster and such State
shall give due recognition to such license, certificate or other permit as if issued in the State in which aid
is rendered.
ARTICLE 5. No party State or its officers or employees rendering aid in another State pursuant to this
compact shall be liable on account of any act or omission in good faith on the part of such forces while so
engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith.
ARTICLE 6. Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid
among two or more States may differ from that appropriated among other States party hereto, this
instrument contains elements of a broad base common to all States, and nothing herein contained shall
preclude any State from entering into supplementary agreements with another State or States. Such
supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and
reception of injured and other persons, and the exchange of medical, fire, police, public utility,
reconnaissance, welfare, transportation and communications personnel, equipment, and supplies.
ARTICLE 7. Each party State shall provide for the payment of compensation and death benefits to
injured members of the civil defense forces of that State and the representatives of deceased members of
such forces in case such members sustain injuries or are killed while rendering aid pursuant to this
compact, in the same manner and on the same terms as if the injury or death were sustained within such
State.
ARTICLE 8. Any party State rendering aid in another State pursuant to this compact shall be reimbursed
by the party State receiving such aid for any loss or damage, to or expense incurred in the operation of
any equipment answering a request for aid, and for the cost incurred in connection with such requests;
provided, that any aiding party State may assume in whole or in part such loss, damage, expense, or other
cost, or may loan such equipment or donate such services to the receiving party State without charge or
cost; and provided further that any two or more party States may enter into supplementary agreements
establishing a different allocation of costs as among those States. The United States Government may
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relieve the party State receiving aid from any liability and reimburse the party State supplying civil
defense forces for the compensation paid to and the transportation, subsistence, and maintenance
expenses of such forces during the time of the rendition of such aid or assistance outside the State and
may also pay fair and reasonable compensation for the use or utilization of the supplies, materials,
equipment, or facilities so utilized or consumed.
ARTICLE 9. Plans for the orderly evacuation and reception of the civilian population as the result of an
emergency or major disaster shall be worked out from time to time between representatives of the party
States and the various local civil defense areas thereof. Such plans shall include the manner of
transporting such evacuees, the number of evacuees to be received in different areas, the manner in which
food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing
of facilities for the notification of relatives or friends and the forwarding of such evacuees to other areas
or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide
that the party State receiving evacuees shall be reimbursed generally for the out-of-pocket expenses
incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing,
medicines and medical care, and like items. Such expenditures shall be reimbursed by the party State of
which the evacuees are residents, or by the United States Government under plans approved by it. After
the termination of the emergency or major disaster the party State of which the evacuees are residents
shall assume the responsibility for the ultimate support or repatriation of such evacuees.
ARTICLE 10. This compact shall be available to any State, Territory or possession of the United States,
and the District of Columbia. The term "State" may also include any neighboring country or province of
State thereof.
ARTICLE 11. The Committee established pursuant to Article 1 of this compact may request the Civil
Defense Agency of the United States Government to act as an informational and coordinating body under
this compact, and representatives of such agency of the United States Government may attend meetings of
such committee.
ARTICLE 12. This compact shall become operative immediately upon its ratification by any State as
between it and any other State or States so ratified and shall be subject to approval by Congress unless
prior Congressional approval has been given. Duly authenticated copies of this compact and of such
supplementary agreements as may be entered into shall, at the time of their approval, be deposited with
each of the party States and the Civil Defense Agency and other appropriate agencies of the United States
Government.
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ARTICLE 13. This compact shall continue in force and remain binding on each party State until the
Legislature or Governor of such party State takes action to withdraw therefrom. Such action shall not be
effective until 30 days after notice thereof has been sent by the Governor of the party State desiring to
withdraw to the Governors of all other party States.
ARTICLE 14. This compact shall be construed to effectuate the purposes stated in Article 1 hereto. If
any provision of this compact is declared unconstitutional, or the applicability thereof to any person or
circumstance is held invalid, the constitutionality of the remainder of this compact and the applicability
thereof to other persons and circumstances shall not be affected thereby.
ARTICLE 15. (a) This article shall be in effect only as among those states which have enacted it into
law or in which the governors have adopted it pursuant to constitutional or statutory authority sufficient to
give it the force of law as part of this compact. Nothing contained in this article or in any supplementary
agreement made in implementation thereof shall be construed to abridge, impair or supersede any other
provision of this compact or any obligation undertaken by a state pursuant thereto, except that if its terms
so provide, a supplementary agreement in implementation of this article may modify, expand or add to
any such obligation as among the parties to the supplementary agreement.
(b) In addition to the occurrences, circumstances and subject matters to which preceding articles of this
compact make it applicable, this compact and the authorizations, entitlements and procedures thereof
shall apply to:
1. Searches for and rescue of persons who are lost, marooned, or otherwise in danger.
2. Action useful in coping with an emergency or major disaster arising from any cause or designed to
increase the capability to cope with any such occurrence.
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3. Incidents, or the imminence thereof, which endanger the health or safety of the public and which
require the use of special equipment, trained personnel or personnel in larger numbers than are locally
available in order to reduce, counteract or remove the danger.
4. Exercises, drills or other training or practice activities designed to aid personnel to prepare for, cope
with or prevent any disaster or other emergency to which this compact applies.
(c) Nothing in this article shall be construed to exclude from the coverage of articles I-XIV of this
compact any matter which, in the absence of this article, could reasonably be construed to be covered
thereby.
(Added July 25, 1973, No. 3466, § 4, Sess. L. 1973, p. 226; amended April 1, 1977, No. 3941, Sess. L.
1977, p. 14; June 1, 1984, No. 4952, § 1(h)(1)-(4), Sess. L. 1984, p. 158.)
§ 1129. Prevention of emergencies and major disasters
(a) In addition to measures regarding disasters preparedness as included in the Plan, the Governor and
VITEMA and the Adjutant General shall consider on a continuing basis steps that could be taken to
mitigate hazards that cause an emergency or major disaster. At the Governor's direction, and pursuant to
any other authority and competence they have, territorial agencies, including but not limited to those
charged with responsibilities in connection with flood plain management, stream encroachment and flow
regulation, weather, fire prevention and control, air quality, public works, land use and land-use planning,
and construction standards, shall make hazard mitigation studies and provide financial resources and
manpower to implement hazard mitigation actions. From time to time the Governor shall make
recommendations to the Legislature, and other appropriate public and private entities as may facilitate
hazard mitigation or risk reduction measures.
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(b) The Planning Board shall advise VITEMA concerning structures and other facilities which are
particularly susceptible to severe land shifting, subsidence, flood, or other catastrophic occurrence. The
studies under this subsection shall concentrate on means of reducing or avoiding the hazards.
(c) If the Adjutant General believes on the basis of the studies or other competent evidence that:
(1) an area is susceptible to an emergency or major disaster of catastrophic proportions;
(2) the existing building standards and land-use controls in that area are inadequate and could add
substantially to the magnitude of the disaster; and
(3) that changes in zoning regulations, other land-use regulations, or building requirements are essential
in order to further the purposes of disaster preparedness planning;
he shall specify needed changes to the Governor. If the Governor upon review of the recommendation
finds after public hearing that the changes are essential, and shall so recommend to those agencies with
jurisdiction over the area and subject matter. If no action or insufficient action pursuant to his
recommendations is taken within the time specified by the Governor, he shall so inform the Legislature
and request legislative action appropriate to mitigate the impact of the hazard or risk.
(d) The Governor, at the same time that he makes his recommendations pursuant to subsection (c) of this
section, may suspend the standard of control which he finds to be inadequate to protect the public safety
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and by regulation place a new standard or control in effect. The new standard or control shall remain in
effect until rejected by Resolution of the Legislature or until amended by the Governor. During the time
it is in effect, the standard or control contained in the Governor's regulation shall be administered and
given full effect by all relevant agencies of the Territory to which it applies. The Governor's action is
subject to judicial review but shall not be subject to temporary stay pending litigation.
(Added July 25, 1973, No. 3466, § 4, Sess. L. 1973, p. 230; amended Nov. 11, 1974, No. 3630, Sess. L.
1974, p. 246; June 1, 1984, No. 4952, § 1(i)(1)-(3), Sess. L. 1984, p. 159; Dec. 29, 1986, No. 5233, § 1,
Sess. L. 1986, p. 409.)
§ 1130. Compensation
(a) Each person within this Territory shall conduct himself and keep and manage his affairs and property
in ways that will reasonably assist and will not unreasonably detract from the ability of the Territory and
the public successfully to meet emergencies or major disasters. This obligation includes appropriate
personal service and use or restriction on the use of property in time of emergency or major disaster. This
chapter neither increases nor decreases these obligations but recognizes their existence under the
constitution, Revised Organic Act, and statutes of this Territory. Compensation for services or for the
taking or use of property shall be only to the extent that obligations recognized herein are exceeded in a
particular case and then only to the extent that the claimant may not be deemed to have volunteered his
services or property without compensation.
(b) No personal services may be compensated by the Territory or any subdivision or agency thereof,
except pursuant to law.
(c) Compensation for property shall be paid only if the property was commandeered or otherwise used in
coping with an emergency or major disaster and its use or destruction was ordered by the Governor or a
member of the emergency or major disaster forces of this Territory.
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(d) Any person claiming compensation for the use, damage, loss, or destruction of property under this
chapter shall file a claim therefor with the appropriate territorial agency in the form and manner the
agency provides.
(e) Unless the amount of compensation on account of property damaged, lost, or destroyed is agreed
between the claimant and the agency, the amount of compensation shall be calculated in the same manner
as compensation due for a taking of property pursuant to the condemnation laws of this Territory
following insofar as possible the procedures set forth in chapter 19 of Title 28 of this Code.
(f) Nothing in this section applies to or authorizes compensation for the destruction or damaging of
standing timber or other property in order to provide a fire break, or to the release of water or the breach
of impoundments in order to reduce pressure or other danger from actual or threatened flood.
(Added July 25, 1973, No. 3466, § 4, Sess. L. 1973, p. 232; amended June 1, 1985, No. 4952, § 1(a),
Sess. L. 1984, p. 154.)
§ 1131. Communications
VITEMA shall be responsible for operating rapid and efficient communications during emergencies or
major disasters. VITEMA shall operate as the Net Control Station whereby federal and other territorial
departments and agencies are integrated into a comprehensive territorial emergency communications
system or network. In studying the character and feasibility of any system or its several parts it shall
evaluate the possibility of multipurpose use thereof for general territorial purposes. VITEMA shall make
recommendations to the Governor as appropriate.
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(Added July 25, 1973, No. 3466, § 4, Sess. L. 1973, p. 232; amended Nov. 11, 1974, No. 3630, Sess. L.
1974, p. 246; June 1, 1984, No. 4952, § 1(j), Sess. L. 1984, p. 159; Dec. 29, 1986, No. 5233, § 1, Sess. L.
1986, p. 411.)
§ 1132. Temporary housing for victims of an emergency or major disaster and site acquisition and
preparation
(a) Whenever there exists an emergency or major disaster under the laws of this Territory, or the
President has declared an emergency or a major disaster (as defined by the Disaster Relief Act of 1974
(P.L. 93-288), any amendment thereto, or successor Act) to exist in this Territory, the Governor is
authorized:
(1) To enter into purchase, lease, or other arrangements with any agency of the United States for
temporary housing units to be occupied by victims of an emergency or major disaster.
(2) To acquire, temporarily or permanently, by purchase, lease, or otherwise, sites necessary for the
installation of temporary housing units for victims of an emergency or major disaster, and to do all things
required to prepare such sites to receive and utilize temporary housing units. For this purpose, the
Governor may utilize any funds available from federal funds, appropriations made by the Legislature, or
from any other source, and, where necessary, the credit of the Government of the Virgin Islands on such
terms as he deems appropriate, having due regard for current debt transactions of the Territory.
(3) Under such regulations as he shall prescribe, to suspend temporarily or modify for not to exceed 60
days any public health, safety, zoning, transportation or other requirement of law or regulation within this
Territory when by proclamation he deems such suspension or modification essential to provide temporary
housing for victims of an emergency or major disaster.
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(b) Nothing contained in this section shall be construed to limit the Governor's authority to apply for,
administer, and expend any grants, gifts, or payments in aid of disaster prevention, preparedness,
response, or recovery.
(Added Aug. 27, 1976, No. 3870, Sess. L. 1976, p. 177; amended June 1, 1984, No. 4952, § 1(k)(1), (2),
Sess. L. 1984, p. 159.)
§ 1133. Disaster loans to the Government of the Virgin Islands
Whenever the President has declared a "major disaster" (as defined by the Disaster Relief Act of 1974
(P.L. 93-288), any amendment thereto, or successor Act) to exist in the Territory, the Governor is
authorized:
(1) Upon his determination that the Government of the Virgin Islands will suffer a substantial loss of tax
and other revenues from a major disaster and has a need for financial assistance to perform its
governmental functions, to apply to the federal government, on behalf of the Government of the Virgin
Islands, for a loan; and to receive and disburse the proceeds of any approved loan.
(2) To determine the amount needed by the Government of the Virgin Islands to restore or resume its
governmental functions, and to certify the same to the federal government.
(3) To recommend to the federal government, based upon his review, the cancellation of all or any part of
repayment when, in the first three full fiscal year periods following the major disaster, the revenues of the
Government of the Virgin Islands are insufficient to meet its operating expenses, including additional
disaster-related expenses.
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(Added Aug. 27, 1976, No. 3870, Sess. L. 1976, p. 177; amended June 1, 1984, No. 4952, § 1(l), Sess. L.
1984, p. 160.)
§ 1134. Debris and wreckage removal in emergencies and major disasters
(a) Whenever there exists an emergency or major disaster under the laws of this Territory, or the
President has declared an emergency or major disaster (as defined by the Disaster Relief Act of 1974
(P.L. 93-288), any amendment thereto, or successor Act) to exist in this Territory, the Governor is
authorized:
(1) Notwithstanding any other provision of law, through the use of the departments, agencies and
instrumentalities of the Government of the Virgin Islands, to clear or remove debris and wreckage which
may threaten public health or safety from publicly or privately owned land or water.
(2) To accept funds from the federal government and utilize such funds for the purpose of removing
debris or wreckage from publicly or privately owned land or water.
(b) Authority under this section shall not be exercised with respect to private property unless the affected
corporation, organization, or individual shall first present an unconditional authorization for removal of
such debris or wreckage from the private property and agree to indemnify the Government of the Virgin
Islands against any claim arising from such removal.
(c) Whenever the Governor provides for clearance of debris or wreckage pursuant to subsection (a) or
(b) of this section, employees of the designated departments, agencies and instrumentalities of the
Government of the Virgin Islands, or individuals appointed by the Governor of the Virgin Islands, are
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authorized to enter upon private land or waters and perform any tasks necessary to the removal or
clearance operation.
(d) Except in cases of wilful misconduct, gross negligence, or bad faith, any employee or agent of the
Government of the Virgin Islands complying with orders of the Governor and performing duties pursuant
thereto under this section shall not be liable for death of or injury to persons or damage to property.
(Added Aug. 27, 1976, No. 3870, Sess. L. 1970, p. 178; amended June 1, 1984, No. 4952, § 1(m)(1), (2),
Sess. L. 1984, p. 160.)
§ 1135. Territorial financial participation in grants to victims of emergencies and major disasters
(a) Whenever the President has declared an emergency or major disaster (as defined by the Disaster
Relief Act of 1974 (P.L. 93-288), any amendment thereto, or successor Act) to exist in this Territory, the
Governor is authorized:
(1) Upon his determination that financial assistance is essential to meet necessary expenses or serious
needs of individuals or families adversely affected by such emergency or major disaster, and related
thereto, that cannot be otherwise adequately met from other means of assistance, to accept a grant by the
federal government to fund such financial assistance, subject to such terms and conditions as may be
imposed upon the grant.
(2) To enter into an agreement with the federal government or any officer or agency thereof, pledging the
Government of the Virgin Islands to participate in the funding of the financial assistance authorized in
paragraph (1) of this subsection, in an amount not to exceed 25 percent thereof and, if territorial funds are
not otherwise available to the Governor, to accept an advance of the territorial share from the federal
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government to be repaid when the Government of the Virgin Islands is able to do so.
(b) All federal grants received pursuant to this section, and all local matching funds related thereto, shall
be deposited in the General Disaster Relief Fund created by section 3041, Title 33, Virgin Islands Code,
and shall be disbursed therefrom in accordance with that section.
(Added Aug. 27, 1976, No. 3870, Sess. L. 1976, p. 179; amended Oct. 11, 1979, No. 4369, § 3, Sess. L.
1979, p. 218; June 1, 1984, No. 4952, § 1(n), Sess. L. 1984, p. 160.)
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